Visas & Advice Detail
Canadian visas Q&A: Part 1
Every month, readers of Emigrate Canada newspaper send their questions to us and we get them answered by an immigration expert.
Dear Emigrate Canada
We submitted our simplified application for permanent residence (PR) about a year and a half ago but now believe we won't have enough points by the time our application is looked at after some bad advice from an immigration consultant. So we've had a rethink and believe the only way forward now is to study in Canada.
However, having looked at the Citizenship and Immigration Canada (CIC) website, it states that we would have to convince immigration officers that it is not our intention to stay in Canada, but with our application submitted it clearly is. So, is it worthwhile still applying for a student visa or shall we withdraw our PR application and then wait a while before applying for a student visa? We're not sure how we get around this one!
Also, the programme I am looking at is a one-year healthcare programme in BC. If I got a job at the end of it could I then apply for PR via the Provincial Nominee Programme (PNP) route?
Lastly, do you know on what grounds a student visa is declined?
Thanks for your help
M. Neill
Christopher Willis of immigration consultancy Willis Brazolot & Co replies as follows:
Dear M. Neill,
Canada's Immigration and Refugee Protection Act (IRPA) recognises 'Dual Intent', where "an intention by a foreign national to become a permanent resident does not preclude them from becoming a temporary resident if the officer is satisfied that they will leave Canada at the end of the period authorized for their stay."
I can't really comment on your points score without completing a formal assessment; however, you must meet the requirements for your permanent application at the date of submission, so technically you can be refused based on the fact that you didn't meet the requirements when you applied.
One strategy would be to enter Canada as a student and, once you have studied for two years, you can claim additional points under the 'Adaptability' factor. There may also be opportunities for you under different PNPs, which have a component for graduates. While you are studying, your spouse would have an open work permit. Keep in mind that you will also be subject to international student fees. An application for a student permit can be declined if you don't meet the requirements – for example, having the financial resources to pay the tuition fees, supporting yourself in Canada and travelling to Canada.
Dear Emigrate Canada
Could you tell me what the average holiday entitlement is in Canada? We are planning on taking a holiday to visit areas in Ontario soon with a view to apply for skilled working visas.
I would be looking for work within the healthcare profession (hospital); my partner is in IT. One of the reasons for wanting to move to Canada is to have a better quality of life, but ten days holiday is very little time off work to spend with family and visit friends. How do expats deal with this and does it affect their quality of life?
Thank you
Cheryl
Christopher Willis of Willis Brazolot & Co replies as follows:
Dear Cheryl,
Unfortunately, you are spoiled in the UK. In Canada, you will expect to start on ten (yes, ten) days paid holiday per annum. In some cases, an employer may grant you unpaid leave or you can negotiate extra paid holidays when you apply for work. We do have a few more statutory holidays in Canada, so many people will stretch these into four-day weekends.
Dear Emigrate Canada
My family and I have been considering a move to Canada under the federal skilled worker scheme. I am a British-born and raised project manager.
I have researched and undertaken a number of self-assessments and achieve the minimum 67 points.
My questions are as follows:
Now that the Canadian immigration laws are in place, will fresh applications not be dealt with until regional offices get priority notices from CIC?
Secondly, is it better to try and secure employment before applying for a visa or wait until after (assuming all went well) getting the visa?
Finally, how long would I have between getting a visa and having to be in Canada?
I would appreciate any guidance you can give.
Respectfully,
Fola
Christopher Willis of Willis Brazolot & Co replies as follows:
Dear Fola,
I assume you are referring to Bill C-50 and the pending changes we expect this autumn. Any application submitted after 27th February 2008 will be subject to this, so I can't give you any solid guidance until they are released. However, if you secure employment and / or get nominated by a province, you will not be subject to the constraints of the new bill.
From the time you receive your permanent residence visa, you will have 12 months from the date of your medical examination to land in Canada and validate your permanent residency. In reality, this will be approximately nine-to-ten months from receiving your visa.
Dear Emigrate Canada
I am very interested in moving to Canada with my family but neither my or my husband's job (accounts payable assistant and bus driver respectively) is on the National Occupations Classifications (NOC) list. My husband has a cousin in Canada who he wants to start a business with, but my husband does not have the necessary experience required. Are there any other visa options open to us?
Many thanks
Kulvir
Christopher Willis of Willis Brazolot & Co replies as follows:
Dear Kulvir,
You may have options under Alberta's PNP as the City of Calgary is currently recruiting bus drivers. I suggest you research this option first before searching for any other route to Canada.
Christopher Willis is a Member in Good Standing with the Canadian Society of Immigration Consultants (CSIC) #M041230, the Canadian Association of Professional Immigration Consultants (CAPIC) and a Fellow of the Canadian Migration Institute(CMI).
He can be contacted on +1 450 458 2186 or by email at: chris@willisbrazolot.com quoting ref: Emigrate2. He travels regularly to the UK for consultations.